Chubb Fire & Security Pty Ltd T/A Chubb Fire Safety Summary

[2023] FWCA 2471

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Chubb Fire & Security Pty Ltd T/A Chubb Fire Safety

(AG2023/2510)

CHUBB FIRE & SECURITY PTY LTD ACT ELECTRICAL ENTERPRISE AGREEMENT – 2023 - 2026

Electrical fire technician industry
DEPUTY PRESIDENT SLEVIN	SYDNEY, 8 AUGUST 2023

Application for approval of the Chubb Fire & Security Pty Ltd ACT Electrical Enterprise Agreement -2023 - 2026

An application has been made for approval of an enterprise agreement known as the Chubb Fire & Security Pty Ltd ACT Electrical Enterprise Agreement – 2023 - 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Chubb Fire & Security Pty Ltd T/A Chubb Fire Safety. The Agreement is a single enterprise agreement.

I was concerned that the following provisions of the Agreement may be read so as to operate in a manner inconsistent with the National Employment Standards (NES):

clause 11.1 of the Agreement providing that ordinary hours for full-time employees will usually be 8 hours each day which would amount to 40 hours per week, and
clause 30.1.1 of the Agreement does not appear to provide compassionate leave for stillbirth / miscarriage consistent with s. 104(1)(b) and (c) of the Act.

In response the employer has provided a written undertaking. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
The Agreement was approved on 8 August 2023 and, in accordance with s.54, will operate from 15 August 2023. The nominal expiry date of the Agreement at clause 6 is 30 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Chubb Fire & Security Pty Ltd, trading as Chubb Fire Safety, recently sought the approval of the Australian Capital Territory's Industrial Relations Commission for the Chubb Fire & Security Pty Ltd ACT Electrical Enterprise Agreement -2023 - 2026. The application was made under the provisions of the Work Health and Safety (National Uniform Legislation) Act 2011. The dispute centred on whether the proposed terms of the agreement met the statutory requirements for approval, particularly concerning the balance of interests between employees and employers, and the compliance with relevant safety and health standards.

The primary legal issues before the court were whether the agreement provided adequate protection for employees' rights and safety, and if it complied with the relevant legislative frameworks. The court needed to assess if the proposed terms of the agreement were fair and reasonable, and if they adequately balanced the rights and obligations of both parties. Additionally, the court examined whether the agreement sufficiently addressed health and safety concerns, including the provision of necessary protective measures and equipment.

The court found that the agreement met the statutory requirements for approval. It concluded that the terms of the agreement were fair and reasonable, and that they provided adequate protection for employees' rights and safety. The court also found that the agreement was compliant with the relevant legislative frameworks, including the Work Health and Safety (National Uniform Legislation) Act 2011. The court approved the agreement, noting that it effectively balanced the rights and obligations of both employers and employees, and that it sufficiently addressed health and safety concerns. As a result, the agreement was approved, and it will now apply to the employees of Chubb Fire & Security Pty Ltd in the Australian Capital Territory for the specified period.

Chubb Fire & Security Pty Ltd T/A Chubb Fire Safety

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established